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ORDINANCE NO. 15-06
PORTER COUNTY BOARD OF
COMMISSIONERS
AN ANIMAL CONTROL AND ANIMAL
SHELTER ORDINANCE REPEALING TITLE
6, CHAPTER 6.04 ANIMAL CONTROL
CODE IN ITS ENTIRETY
WHEREAS, the Porter County Board of
Commissioners adopted the Porter County
Municipal Code on Tuesday, December 2, 1997
pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of
Commissioners has deemed it necessary to pass
a new ordinance for inclusion in the Porter County
Municipal Code; and
WHEREAS, I.C. 36-1-3-2 grants the Board of
County Commissioners all the powers that they
need for the effective operation of government
as to local affairs; and
WHEREAS, I.C. 36-1-3-6 states that if there is
no constitutional or statutory provision requiring
a specific manner for exercising a power, the Board
of County Commissioners may adopt an ordinance
prescribing a specific manner for exercising a power;
and
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
Title 6, Chapter 6.04 Animal Control Code is hereby repealed in its entirety and the following is hereby adopted in its entirety and shall now be known
as Title 6, Animals; Chapter 6.04 Animal Control
and Animal Shelter Ordinance.
Title 6 ANIMALS
Chapter 6.04—Animal Control and Animal
Shelter Ordinance
6.04.010 General Provisions
A. This chapter shall be known as, and be cited
and referred to as, the “Animal Control
Ordinance.”
B. Whenever any reference is made to any portion of this chapter, such reference applies to all
amendments and additions hereafter made.
C. The present tense includes the past and future
tenses; and the future, the present. Each gender includes the other two genders.
D. The singular number includes the plural and
the plural the singular.
E. Whenever a power is granted to or a duty
imposed upon the Animal Control or other public officer, the power may be exercised or the duty
may be performed by a deputy of the officer or
by a person authorized, pursuant to law, by the
officer unless this chapter expressly provides otherwise.
F. All laws of the State pertaining to: the regulation or control of animals, concerning their ownership, licensing, harboring, abandonment, running at large, rabies control and quarantine, pursuit, capture, confinement, impoundment, the prevention and control of disease of domestic and/or
livestock animals as defined, and; the administrative rules and regulations of the State Board
of Health, are made a part hereof by reference.
G. The provisions of this animal control ordinance
are not to replace such laws and regulations, but
are to be considered supplementary and in addition thereto, and shall be fully enforceable where
not inconsistent with the Laws of the State of Indiana.
6.04.020 Definitions
The following words as used in this Chapter shall
have the following meanings:
“Abandon”—means to desert an animal or to leave
the animal permanently in a place without making provision for adequate long term care of the
animal. This term does not include an animal in
a place that is temporarily vacated for the protection of human life during a disaster.
“Altered”—means any animal which has been
spayed or neutered.
“Animal”—means any live, non-human vertebrate
creature domestic, wild, or exotic.
“Animal Control Officer”—means any person
employed by the Porter County Sheriff’s
Department to perform and enforce the provisions
of this Chapter.
“Animal Shelter”—means the facility established
by the board of commissioners and operated by
the designated Director or its other authorized agents
for the purposes of impounding, caring for, and
making disposition of animals held under the authority of this Chapter or State Law.
“At large”— means any animal that is running
free off its owner’s premises and not under the
immediate control of a responsible adult person.
“Beat”—means to unnecessarily or cruelly
strike an animal, or to throw the animal against
an object causing the animal to suffer severe pain
or injury. The term does not include reasonable
training or disciplinary techniques.
“Biting Animal”—means an animal inflicting an
injury on another person or animal, including but
not limited to a skin abrasion, by tooth or nail.
“Colony”— means a group of one (1) or more
free-roaming cats/ feral cats, whether unmanaged
or managed.
“Colony Caretaker” – means a person who provides food, water and shelter for free-roaming
cats/feral cats in a managed colony.
“Confine”—means the restriction of an animal
by the owner, or his agent, to an escape-proof
building or other enclosure away from other animals and the public.
“Dangerous Animal”— means any animal meeting any of the following criteria: (1) any animal
which bites and inflicts severe injury on any person or animal, without provocation on any public property or in any place outside or over the
boundaries of its owner’s property; or (2) any animal which, without provocation and while on its
owner’s property, bites and inflicts severe injury
on any person or animal, where the victim was
acting peaceably, was not provoking the animal,
and was not committing a willful trespass or other
tort upon the premises, or otherwise had a legal
right to be on said property at the time of the bite
or attack; or (3) Any animal which on more than
one (1) occasion, without provocation, bites without inflicting severe injury upon any person or animal, on any public property or in any place outside or over the boundaries of its owner’s property; or (4) any animal owned or harbored primarily
for the purpose of dog or other animal fighting
and has, through use for this purpose, become
a threat to the safety of other animals and persons. This definition does not include law
enforcement animals owned by any government
agency which is working within the scope and course
of its duties.
“Domestic Livestock”—means any animal,
other than a domestic pet, that is kept for commercial purposes or is a member of, but is not
limited to, one (1) or more of the following species:
alpaca, bison, elk, cattle, donkey, goat, horse, llama,
mule, ostrich, emu, poultry, pig, or rabbit.
“Domestic Pet”—means any animal other than
domestic livestock, that is kept for pleasure rather
than utility, or is a member of, but not limited to,
one (1) or more of the following species: cat, chinchilla, cockatiels, dog, ferret, gerbil, guinea pig,
hamster, mouse, parakeets, rat or reptiles not regulated by the Indiana Department of Natural
Resources and defined as herein.
“Ear Tipping”—means removing approximately one quarter-inch off the tip of a cat’s left ear
while the cat is anesthetized, for the purpose of
identifying the cat as a sterilized animal.
“Feral Cat”—means a cat that has lived its life
with little or no human contact, is not socialized,
and has reverted to a wild state.
“Harboring”—means providing any care, shelter, refuge, restraint, food or nourishment in such
a manner as to control an animal’s activities, whether
done within the person’s home, enclosure, yard,
place of business or on any premises where such
person resides or controls.
“Intact”—means any animal that has not been
spayed or neutered.
“Neglect”—means endangering an animal’s health
by failing to provide or arrange to provide the animal with food or water, if the animal is dependent upon the person for the provision of food
or water; restraining an animal for more than a
brief period in a manner that endangers the animal’s life or health; restraining the animal in a manner that seriously endangers the animal’s life or
health; failing to provide reasonable care; and leaving a domestic pet or livestock outdoors and exposed
to the elements without adequate shelter appropriate to its species.
“Owner”—means any person having a right of
property in any animal, or any person keeping
or harboring one (1) or more animals.
“Public Nuisance”—means any animal that: molests
passers-by or passing vehicles on public property; attacks other animals; damages or defecates
on public or private property of another person,
unless the waste is immediately removed and disposed of in a sanitary fashion by the animal’s
owner/harborer; barks, whines, howls or emits any
other loud noise, in an excessive or repeated fash-
ion; is permitted by its owner to create an offensive smell through excessive accumulation of excrement; or which produces or causes any other unsanitary condition not remedied by its owner; or otherwise interferes with others enjoyment of life or
property.
“Restraint”—means the securing of an animal
by a leash or lead in the control of a responsible person, or confining an animal by means which
would reasonably and reliably prevent the animal’s escape.
“Shelter Director”—means the person appointed to be responsible for the administration, operation and programs of the Animal Shelter and
its personnel.
“Stray”—means any animal that does not
appear, upon reasonable investigation, to have
an owner.
“Tether”—means attaching a domestic pet to a
stationary object or pulley run by means of a chain,
rope, cable, or other similar restraint. Tether does
not include the use of a leash to walk a domestic pet.
“Vicious”—means any animal meeting the following criteria: (1) any animal which, when unprovoked, attacks and inflicts bodily injury or serious bodily injury as defined under Indiana Code
Section 35-31.5-2-29 “bodily injury” (or its equivalent) and Indiana Code Section 35-35.1-2-292
“serious bodily injury” (or its equivalent) or inflicts
severe injury on a human being, or kills or inflicts
severe injury on a domestic pet or livestock, and
has been determined by an Animal Control Officer
to pose a significant and substantial risk to public health, safety and welfare which cannot be reasonably or reliably mitigated by imposing additional conditions of restraint on the animal; (2) any
animal previously determined to be and currently
listed as a dangerous animal under the guidelines of this Chapter which, after its owner has
been notified of this determination, continues to
engage in behavior or is maintained in such a manner that violates Section 6.04.080 (Dangerous
Animals); (3) any animal which attacks and kills
a person, where the circumstances of the attack
would not have justified a person in those exact
circumstances to legally use deadly force in accord
with I.C. § 35-31.5-2-85 “deadly force” (or its equivalent).
6.04.030 Enforcement.
A. Each day the terms and/or conditions of this
chapter are violated shall constitute a distinct and
separate offense.
B. If any person, firm or corporation shall violate any terms and/or conditions of this chapter,
any Porter County Animal Control Officer, and/or
any law enforcement officer of the Porter County
Sheriff’s Department is authorized to issue a citation for such violation and such person, firm, or
corporation shall be fined in accord with this Chapter
per day for each cited violation, with each day
constituting a separate and distinct offense.
C. Any person convicted of violating any of the
provisions of this chapter shall be liable to Porter
County for any expense, loss, costs or damage
occasioned to the County by reason of such violation.
6.04.040 Animal Care
A. Every owner/guardian/caretaker of an animal
within Porter County shall see that his/her animal(s):
1. Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand,
sit, lie in or continuously come into contact with
its own excrement;
2. Has proper and adequate food, water, shelter and protection from the weather;
3. Is given due medical care and treatment for
any obvious or apparent ailments, and if diseased
segregated from other animals so as to prevent
the transmittal of disease in accord with the guidelines set forth in I.C. § 15-17-10, et seq.;
4. If kept in an enclosure, that the enclosure is
appropriate to the individual species and/or breed
of the animal, and that said enclosure provides
for the following:
(A) Keeps the animal clean and dry;
(B) Prevents the animal’s injury or escape;
(C) Permits the animal to rest on a solid surface; and
(D) Appropriate flooring, which does not permit the animals feet or legs to fall through;
5. No person shall beat, torment, overload, overwork, or otherwise abuse an animal;
6. No person shall willfully or maliciously
administer poisonous substances to any animal
and/or expose any poisonous substance with the
intent that the substance shall be taken and consumed by the animal; however, this provision is
not meant to prohibit the use of commercially sold
poisons for the control of rats, mice, groundhogs,
moles or other similar rodents so long as the person administering the poisons takes reasonable
care to ensure that domestic pets and livestock
are not exposed to the poisons.
7. No person shall tether a domestic pet for more
than one (1) hour without immediate access to
food, water and shelter, or in such a fashion that
violates the sections of this Chapter and Indiana
State Law; or to tether any un-sterilized dog for
any period of time unless it is monitored by a competent adult for the duration of such tethering; or
to tether or confine an animal at a vacant structure or premises for any purpose or time when
it is not monitored by a competent adult who is
present at the property for the duration of such
tethering or confinement.
8. No person shall leave any animal unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal by exposure of the animal to extreme heat,
cold, or other dangerous condition.
9. Any person who is the operator of a motor
vehicle which strikes or injuries any domestic pet
or domestic livestock should stop at the scene
of the accident and may render any such assistance as is safe and practicable and at a minimum report the accident to the appropriate law
enforcement agency for the purposes of rendering
aid to the animal and identifying its owner.
10. No person shall recklessly, knowingly, or intentionally abandon or neglect any animals within
that person’s custody, protection or control, in violation of I.C. § 35-46-3-7.
11. A person who violates paragraphs one (1)
through (10) of this Section commits an ordinance
violation, and shall be fined as follows:
(A) First Offense: $50.00
(B) Second Offense: $75.00
(C) Third and subsequent offenses: 100.00
6.04.050 Rabies Vaccination Requirements
1. No owner of any dog, cat, or ferret shall keep
or maintain a dog, cat or ferret over the age of
three (3) months unless each animal is immunized
against rabies by a vaccination performed by a
veterinarian and the period of immunization specified by the veterinarian performing the vaccination has not expired.
2. In accord with I.C. § 35-46-3-1 and pursuant
to this Chapter, the knowing or intentional harboring of a dog over six (6) months of age without a rabies vaccination commits a Class C infraction, and which can be elevated to a Class B
Misdemeanor if said non-immunized dog causes bodily injury by biting a person. A violation of
I.C. 35-46-3-1 shall be enforced by the Porter County
Prosecutor’s Office.
3. Proof of vaccination shall be maintained by
the owner and displayed if requested by Porter
County Animal Control, and/or any law enforcement officer employed by the Porter County Sheriff’s
Department.
4. Owners who are found to be in violation of
this Section of the Animal Control Ordinance shall
be fined $100.00 dollars for the first violation of
this Section and $150.00 dollars for any subsequent violation of this Section.
6.04.060 Animal Curbing Requirements
1. No person knowingly shall allow a dog or cat
which is kept by that person to defecate on a public street, byway, municipally owned or public land
or building, or upon private property, unless the
animal's owner or keeper promptly removes any
feces to a waste container, or otherwise disposes of such material in a manner inoffensive to reasonable public sensibilities.
2. Notwithstanding the provisions of paragraph
one (1) of this section, the owner of a dog serving a vision-impaired person in an auxiliary ocular capacity or in any capacity to assist such person with a physical impairment may permit such
dog to relieve itself on ground situated outside
of pedestrian or vehicular traffic ways, and is relieved
of the requirement to remove any feces to the
extent such requirement is impractical for a person of such impairment.
3. No person knowingly shall allow his or her
dog or cat to disperse waste material placed for
public or private collection upon any public street,
or byway or right-of-way, or any municipally owned
or public land or building, or upon private property.
4. Violations of this Section of the Animal Control
Ordinances shall result in the owner of the responsible animal paying a fine of at least twenty-five
($25.00) dollars.
6.04.070 Animal Bites
1. Any person knowing that an animal or person has been bitten by any domestic animal shall
immediately notify Porter County Animal Control,
and/or any other law enforcement agency.
2. The owner or person in custodial control of
any animal which has bitten another animal or
person shall on demand of the Porter County Animal
Control and/or Porter County Animal Shelter Director
surrender such animal to the Porter County Animal
Control and/or Porter County Animal Shelter Director
for rabies observation for minimum of ten (10) days.
3. In the event home confinement is allowed,
the owner shall be required to report Animal Control
the health status of the biting animal on the tenth
(10th) day of observation. If quarantined animal
is not vaccinated against rabies, the owner shall
furnish evidence to the Porter County Animal Control
of a veterinary examination for the biting animal
on the tenth (10th) day of observation, shall obtain
and provide proof of current rabies vaccinations
at, and not before, that time as well as bear any
costs incurred thereby.
4. If such biting animal is determined to be infected with rabies after examination by a licensed veterinarian, it shall be euthanized at the cost of the
owner.
5. If the biting animal shows signs of rabies or
acts in a manner which would lead a person to
believe the animal may have rabies, the owner,
treating veterinarian or Animal Control shall immediately notify, by telephone or in person, the person bitten or the physician attending the person
bitten and the responsible health agencies as soon
as reasonably possible.
6. If such biting animal is not found to be infected with rabies at the expiration of the period for
observation of rabies, and if there is no additional
reason in the judgment of the Porter County Animal
Control and/or the Porter County Animal Shelter
Director to continue impoundment, the animal may
be returned to the owner, upon payment of the
costs of the keep of such animal, including any
veterinary service fees incurred.
7. No person owning, possessing, keeping, harboring or having custody of any animal that has
bitten any other animal or person shall sell, give
away, or permit such biting animal to be taken
beyond the corporate limits of Porter County, Indiana,
or otherwise dispose of such biting animal until
it has been released by the official imposing the
quarantine.
8. In all cases where an animal has bitten another animal or a person, it shall be the duty of the
Porter County Health Department to record the
requisite information detailing the facts and circumstances of the bite in accord with preparing
an Official Indiana Animal Bites Report (State Form
14072 or its equivalent) and enforcing quarantine following the bite incident. Members of the
Porter County Animal Control, the Porter County
Sheriff’s Department or any other law enforcement agency, may act as the Health Department’s
designee when enforcing this provision.
9. In the event that an animal that has bitten a
person or another animal dies, is accidentally killed,
or is humanely euthanized before the tenth day
following the bite, the animal shall be forwarded
to the Indiana State Board of Health Laboratory
for examination in a manner as is required by the
Indiana State Board of Health.
10. The Porter County Animal Control Officers,
the Porter County Sheriff’s Department, and any
other law enforcement agent, may capture and
impound a biting animal or an animal suspected of being rabid in accord with paragraphs one
(1) through (9) above of this Section.
11. Violations of this Section of the Animal Control
Ordinances shall be fined as follows:
(A) First Offense: $150.00
(B) Second and Subsequent Offenses:
$300.00
6.04. 080 Dangerous Animals
1. Upon receipt of a valid report of a dangerous animal, the Porter County Animal Control shall
investigate the facts and circumstances surrounding
the allegation that said animal is dangerous and
will prepare a written report summarizing the findings and may also impose reasonable conditions
on the owner of the animal in order to ensure the
effective restraint of the dangerous animal as well
as public safety. If the owner of the dangerous
animal agrees to the proposed conditions, then
immediate disposition of the animal may be determined.
2. If upon investigation it is determined by the
Porter County Animal Control that there is probable cause to believe the animal in question poses
a threat to public safety due to vicious behavior,
then the Porter County Animal Control has the
authority to impound the animal at the Porter County
Animal Shelter, at the owner’s expense, until a
decision regarding the final disposition of the animal has been made by Porter County Animal Control
or the Porter County Animal Shelter Director.
3. If the Porter County Animal Control investigates the allegation of a dangerous animal and
finds that the claim is not substantiated then the
animal shall be released to its owner after compliance with all impoundment and release procedures and settlement of all impoundment and
redemption fees.
4. During the course of the Porter County Animal
Control investigation of a report of a dangerous
or vicious animal, the matter may be referred to
the Porter County Prosecutor’s Office in accord
with any suspected criminal violations under I.C.§
35-46-3, et seq. of the Indiana Code.
5. It shall be unlawful for any person to own, keep,
or harbor any dangerous animal without keeping such animal securely confined on the
owner's or keeper's premises and under such
restraint that persons lawfully on the premises,
or elsewhere, may not be attacked or bitten by
such animal. The premises where such an animal is kept shall be adequately posted with warning signs.
6. A dangerous animal, while on the owner’s
premises, shall at all times, be kept indoors, or
in a secure enclosure from which the animal cannot escape, and into which children cannot trespass, including but not limited to the following requirements:
(A) The enclosure must be adequately lighted, ventilated and kept in a clean and sanitary
condition;
(B) The enclosure shall have secure sides, a
secure top and bottom, and inward opening gate
to prevent the animal from escaping over, under
or through the structure;
(C) The enclosure shall be kept locked at all
times to prevent unintentional openings, except
when tending to the dangerous animal’s needs
such as cleaning the enclosure, and/or providing food and water; and
(D) The enclosure shall provide suitable shelter and protection from the elements, as well as
provide for adequate exercise room, light, ventilation, sanitation, and adequate fencing that is
not the common fencing associated with the premises existing perimeter fencing, and in the event
the premises do not have an already existing perimeter fence, such fencing must be constructed around
the enclosure housing the dangerous animal.
7. A dangerous animal may be outside of the
enclosure and/or off the owner’s premises only
when necessary for its health and well being, and
shall be muzzled and restrained on a leash not
exceeding three (3) feet in length and must be
done under the direct control and supervision of
the owner of the dangerous animal.
8.Fines for violating this Section of the Animal
Control Ordinance shall be as follows:
(A) First Offense: $150.00
(B) Second and Subsequent Offenses: $300.00
6.04.090 Animals Running at Large Prohibited
1. No owner of any dog or domestic pet shall
permit such dog or domestic pet to run at large,
except domestic cats may be allowed to run loose
off the owner’s premises so long as the cat does
not create a public nuisance, is spayed/neutered,
and in the case of wild/feral cats is ear-tipped to
indicate its altered status.
2. Each owner of any dog or domestic pet shall,
at all times, keep and maintain his dog or domestic pet confined or under restraint.
3. This subsection shall not apply to dogs when
engaged in lawful hunting and accompanied by
the owner or custodian or any other activity expressly permitted under Indiana Law.
4. Animals found to be running at large are subject to impoundment by the Porter County Animal
Control Officers, the Porter County Sheriff’s
Department, and any other law enforcement agents.
5. Fines for violating this Section of the Animal
Control Ordinance shall be as follows:
(A) First Offense: $50.00
(B) Second Offense: $75.00
(C) Third and Subsequent Offenses: $100.00
6.04.100 Animals Creating a Public Nuisance
Prohibited
1. It shall be unlawful for any owner to allow his
dog or animal to become a public nuisance.
2. A dog or animal is hereby declared to be a
public nuisance if it:
(A) Frequently or continuously causes noise
or odor which disturbs the comfort or repose of
persons in any dwelling, apartment house, or residence;
(B) Molests or chases passers-by or passing
vehicles;
(C) Is repeatedly at large;
(D) Attacks other persons or animals;
(E) Damages private or public property; or
(F) Deposits animal waste on public or private
property other than that of the owner.
2. Any animal declared to be a public nuisance
by the Porter County Animal Control may, at the
discretion of the Animal Control Officer, be captured and impounded at the Porter County Animal
Shelter.
3. Fines for violating this Section of the Animal
Control Ordinance shall be as follows:
(A) First Offense: $50.00
(B) Second Offense: $75.00
(C) Third and Subsequent Offenses: $100.00
6.04.110 Impoundment
1. The Porter County Animal Control is authorized to impound an animal at the Porter County
Animal Shelter upon the occurrence of any of the
following:
(A) Domestic pets not vaccinated in accord with
this Chapter;
(B) Dogs or animals found running at large or
not under restraint;
(C) Abandoned, abused, or neglected animals,
including injured animals captured by the Porter
County Animal Control for which no owner can
immediately be found;
(D) Any stray animal in the public way or within a public place or upon private premises of any
person other than the owner;
(E) Any dog or animal that has bitten or attacked
a person or other animal;
(F) Any dangerous animal that is not being kept
and/or maintained in accord with the requirements
set forth in this Chapter;
(G) Any animal that is creating a public nuisance as set forth in this Chapter;
(H) Any animal or owner found to be in violation of this Chapter of the Porter County Animal
Ordinance shall be subject to capture and impoundment.
2. If there is no means by which any dangerous or vicious dog or animal can be safely seized
and impounded, the Porter County Animal
Control, Porter County Sheriff’s Department, or
Porter County Animal Shelter Director, shall have
the power to destroy such dog or animal; provided
however, that any destruction of such dangerous
and vicious dog or animal shall be done in a reasonable manner taking into account the location,
and possible harm or damage to life, personal,
or real property, or to the public at large.
3. Any person owning, keeping or harboring an
animal subject to impoundment as set forth in this
Chapter must immediately surrender such animal for impoundment upon request from the Porter
County Animal Control, and the failure to do so
shall result in a violation of the provisions of this
Chapter resulting in a fine not to exceed $150.00
dollars.
4. Immediately after the impounding of any animal at the Porter County Animal Shelter, a reasonable effort shall be made to notify the owner
of the animal as soon as possible if the same can
be determined by license or tag and located.
Additionally, the owner of the impounded animal
shall be provided with a summary of the facts and
circumstances surrounding the impoundment, the
disposition procedures, and redemption requirements as set forth under this Chapter.
5. Impounded animals whose owner(s) have been
notified of the impoundment, and animals whose
owner(s) are not identifiable or cannot be notified after reasonable effort, shall be held for seven
(7) calendar days from the date of the start of the
impoundment, not including federally recognized
holidays, before the animal is deemed abandoned
and the Porter County Animal Shelter may dispose of the animal in accordance with the Animal
Shelter guidelines.
6. In addition to or in lieu of impounding an animal, Porter County Animal Control, Porter
County Sheriff’s Department or any other law
enforcement agency, may issue the animal’s owner
a citation for violations of this Chapter and may
return the animal to the owner’s property if the
animal can be secured safely, and such return
is determined by the impounding Officer to be in
the best interests of the animal.
7. An owner redeeming an impounded animal
shall pay all necessary treatment costs, transportation
fees, and daily fees incurred as a result of the
animal’s impoundment.
8. The daily fee for impounding an animal at the
Porter County Animal Shelter shall be fifteen ($15.00)
dollars per day, and the fees as set forth in the
Animal Shelter Fee Schedule (See 6.08.010).
6.04.120 Redemption of Impounded Animals
1. An owner of an animal impounded pursuant
to this Chapter may redeem the animal upon compliance with the following requirements:
(A) Proof of ownership of the impounded animal;
(B) Proof of identification, such as a driver’s
license or state issued identification card;
(C) Payment of the redemption fee, payment
of any necessary medical fees incurred during
the animal’s impoundment, and any other fees
incurred by the Porter County Animal Control, Porter
County Sheriff’s Department, and/or Porter
County Animal Shelter resulting from the animal’s
impoundment;
(D) Proof of current rabies vaccination. If proof
of vaccination is not available, a receipt showing pre-payment of scheduled rabies vaccination
must be presented before the animal is released
to the owner. Proof of vaccination must be received
at the Porter County Animal Shelter within two
(2) business days after the animal’s release, or
the animal will be subject to immediate impoundment; and
(E) Proof of a current Indiana license tag for
any impounded dog must be shown.
2. The owner of the impounded animal shall pay
all impoundment and redemption fines and fees,
in full, prior to the animal being released from the
Porter County Animal Shelter.
3. Release of the impounded animal to its owner
may be denied by the Porter County Animal Control
and/or the Porter County Animal Shelter Director
if it is determined the animal is vicious or dangerous, diseased, a danger to public health and
safety of the citizens of Porter County or for any
other good and sufficient reason at the discretion of Porter County Animal Control and/or the
Porter County Animal Shelter Director.
4. In the event an animal is denied return to its
owner by the Porter County Animal Control, the
Shelter Director, or any other official having authority to impound animals under this Chapter, the
owner and animal shall be subject to the following bond procedure:
(A) The owner shall be given written notice of
the decision to retain the animal and provided with
a bond amount and initial hearing date. The hearing date shall be within thirty (30) days of receipt
of notice.
(B) To prevent disposition of the animal prior
to the hearing date, and not later than ten (10)
days after written notice of the animal’s retention,
the owner must post a bond with the Porter County
Clerk’s office.
(C) The bond amount shall be sufficient to provide for the animal’s care and keeping for at least
thirty (30) days, beginning on the date of first
impoundment.
(D) If a bond expires, and is not renewed within ten (10) days of expiration, or if the owner fails
to post an initial bond, ownership of the animal
shall be assigned to the Porter County Animal
Shelter, and the animal may be disposed of in
accord with Animal Shelter policies.
(E) Any animal subject to such bond may be
euthanized if it has been determined by a licensed
veterinarian to be suffering extreme pain, or if it
is jointly determined by the impounding official,
attending veterinarian, and/or the supervisor of
the facility at which the animal is impounded, that
said animal cannot be reliably handled or cared
for without significant risk to the safety and welfare of the custodians during the impoundment.
(F) Once disposition of animal is determined,
any bond posted shall be released to the Porter
County Animal Shelter to cover the costs for
impoundment and care of said animal for the number of days the animals was in custody of the Porter
County Animal Shelter. Any unused portions of
the bond shall be returned to the individual who
posted the bond.
5. The animal redemption fees shall be as follows:
(A) First Redemption Fee: $50.00 (altered animal)/ $75.00 (intact animal)
(B) Second Redemption Fee: $75.00 (altered
animal)/ $100.00 (intact animal)
(C) Third and any Subsequent Redemption Fees:
$100.00 (altered animal) / $125.00 (intact animal)
6. An animal that has been previously impounded and is now being redeemed for the third or
subsequent redemption within a twelve (12) month
period is required to be:
(A) Implanted with a microchip at the owner’s
expense for the purpose of future identification
and recovery; and
(B) Spayed or neutered by a licensed veterinarian at the owner’s expense prior to the Porter
County Animal Shelter relinquishing the animal
to the owner. If owner is unable to pay the full
costs associated with spaying or neutering the
animal, the Porter County Animal Shelter Director
may enter into a payment agreement with the owner,
or the owner may sign over ownership rights to
the Porter County Animal Shelter.
(C) The owner of the animal shall be informed
of the requirements in (A) and (B) when they request
relinquishment of their animal from the Porter County
Animal Shelter.
6.04.130 Trap-Neuter Return Guidelines
1. The Porter County Animal Control division or
its designee, in order to encourage the stabilization
of the free-roaming cat population, otherwise known
as feral cats, and may:
(A) Trap any free-roaming cat in a humane manner;
(B) Have the cat surgically sterilized, ear-tipped,
and vaccinated against rabies by a licensed veterinarian; and
(C) Release the cat to the Porter County Animal
Shelter for adoption or other disposition in accordance with law, or to a colony caretaker who will
maintain the cat as part of a managed colony of
free-roaming cats.
(D) The Porter County Animal Control may
impound free-roaming cats in violation of this chapter and dispose of the cats in accordance with
the Porter County Animal Shelter guidelines.. Any
free-roaming cat or feral cat, impounded by the
Porter County Animal Control that bears an appropriate ear-tipping indicating it belongs to a managed colony may, at the discretion of the Porter
County Animal Control, be returned to its managed colony unless illness or injury present an
imminent danger to public health or safety.
6.04.140 Responsibilities of the Animal Shelter
Director
A. The Shelter Director shall act as the supervisor for the animal shelter and the personnel,
as well as work with the Porter County Animal
Control to enforce the state and county animal
laws and ordinances.
B. The Shelter Director shall respond to all valid
calls and/or refer the matter to be undertaken by
the Porter County Animal Control Officers or law
enforcement.
C. The Shelter Director shall coordinate with the
Porter County Animal Control in rendering decisions regarding the disposition of animals.
D. The Shelter Director shall be in charge of the
euthanasia program for all animals; however, all
animals shall be handled humanely at all relevant times in accordance with the American
Veterinary Association Guidelines, the laws of the
State of Indiana, and the Porter County Animal
Control Ordinances.
E. The Shelter Director shall be responsible for
the maintenance and operation of the Animal Shelter,
as well as responsible for any and all equipment
contained therein at the Animal Shelter.
F. The Shelter Director shall be responsible for
all money received, fees, collected and all necessary records pertaining to the operation of the
Animal Shelter. All money shall be accounted for
daily and monthly and shall be remitted to the Porter
County Auditor’s office.
G. The Shelter Director shall facilitate, supervise and be responsible for the vaccination program at the Animal Shelter.
6.04.150 Adoptions
Adoptions of animals from the Porter County Animal
Shelter may be effectuated utilizing the following procedures:
A. Examination. It shall be the responsibility of
the adopting party to have the animal examined
by a licensed veterinarian within 7 business days
from adoption and to obtain all necessary vaccinations.
B. Refunds or Exchanges. Full refund or exchange
privileges shall be granted to the owner if the animal is found to be ill or in poor health at the time
of the examination; provided, however, that the
examination required in Paragraph A is performed
within the required 7 day period.
C. Sterilization. It shall further be established
that all unaltered dogs or cats shall be surgically sterilized in accord with Indiana Law and the
Porter County Animal Control Ordinance.
6.04.160 Adoption Fees
A. Dog—$100
B. Cat—$50
C. Rabbit—$25
D. Any animals other than those listed in
Paragraphs A through C above, are subject to an
adoption fee based on the type of animal and said
fee will be determined by the Shelter Director, and/or
the Shelter Director’s agent(s). (see also Animal
Shelter Fee Schedule 6.08.010)
6.04.170 Impoundment Fees
The fees associated with impoundment of an
animal at the Porter County Animal Shelter shall
be as follows:
Impound Fees:$15 per day for boarding and food.
6.04.180 Redemption Fees
The fees associated with redemption of an animal from the custody of the Porter County Animal
Shelter by its rightful owner are as follows (see
Animal Shelter Fee Schedule 6.08.010):
A. $50 Reclaim fee for altered animal first offense;
B. $75 Reclaim fee for intact animal first offense;
C. $75 Reclaim fee for altered animal second
offense;
D. $100 Reclaim fee for intact animal second
offense;
E. $100 Reclaim fee for altered animal third and
subsequent offenses; and
F. $125 Reclaim fee for intact animal third and
subsequent offenses
6.04.190 Animal Quarantine Procedure
A. Animal Bites. In the event that an animal bites
another person or animal as set forth in the Animal
Control Ordinance 6.040.070 (Animal Bites), and
it is determined that an in-home quarantine is not
appropriate under the circumstances, the biting
animal may be placed in quarantine at the Porter
County Animal Shelter. The quarantine period shall
be for seven (7) days.
B. Stray Animal Bites. If a stray dog, cat, or ferret has bitten a person or animal it shall confined
at the Porter County Animal Shelter for seven (7)
days. At the end of the seven (7) day quarantine period the animal shall be medically
assessed and the bite victim shall be notified of
the health status of the stray animal. In the event
the stray animal dies prior to the expiration of the
quarantine period, or if it is intentionally euthanized by a licensed veterinarian in order to prevent the animal from suffering humanely, it shall
be properly packaged and sent to the state designated authorities for rabies testing.
C. Mandated Rabies Quarantine. Pursuant to
I.C. § 15-17-6-2 (Quarantine Declaration), the State
Veterinarian has the authority to declare rabies
quarantines in any county, and therefore, any procedures referenced and set forth therein shall be
adopted and followed by the Porter County Animal
Shelter as it pertains to rabies quarantines.
D. Owner Responsibilities. An owner of an animal that is quarantined subject to the provisions
of the Animal Control Ordinance is responsible
for paying any and all fees associated with the
impoundment of the animal subjected to the quarantine at the Porter County Animal Shelter as set
forth in 6.080.010 (Animal Shelter Fee Schedule)
and additional and/or pertinent fees incurred under
Sections 6.04.110 (Impoundment) and 6.04.120
(Redemption of Impounded Animals) that may apply.
This Ordinance hereby passed and adopted on
the 19 day of May, 2015.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
John A. Evans
Laura M. Blaney
Jeffrey J. Good
Attest: Vicki Urbanik, Auditor
I affirm under the penalties for perjury that I have
taken reasonable care to redact each social security number in this document unless required by
law.
Elizabeth A. Knight
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